M I N U T E S

 

REGULAR MEETING OF MAYOR AND COUNCIL OF MARCH 17, 2008

 

 

 

 

Call to Order:           The Regular Meeting of Mayor and Council of March 17, 2008 was called to order by Mayor Corine Deyton at 7:00 p.m.

 

 

Invocation:               The invocation was given by Pastor Webster Turner of New Life Community Baptist Church followed by the Pledge of Allegiance to the American Flag.

 

Roll Call:                   Mayor Corine Deyton, Mayor Pro-tem Sparkle Adams, Councilwomen Debbie Youmans, Linda Lord, Maudie McCord and Councilman Donald Judson.

 

                                    Also present were City Manager John Parker, Director of Finance Mike Blandenburg, Director of Public Works Mike Gippert, Director of Planning, Building and Zoning Steve Pearson, Director of Support Services Christine Terrell, Chief Eddie Buckholts, Major Chris Matson, Deputy Director of Recreation and Leisure Services Sharon Smith, Management Analyst Angela Redding and City Attorney Joe Harris.

 

Approval of               Ms. Adams made a motion to approve the minutes of the

Minutes:                    Work Session of Mayor and Council of March 3, 2008, the Regular Meeting of March 3, 2008 and the Special Meeting of March 5, 2008, seconded by Ms. McCord.  Voting for the motion was unanimous.

 

Comment Period:    Leroy McSmith stated his comment was in reference to a previous comment made in February, 2006 by Ms. Judson in reference to the destruction of financial documents during the transfer of the Hall administration to the Deyton administration.  He said he is trying to find out if there has been an investigation into that matter.  

                                    Ms. Youmans stated a forensic audit is beginning.

 

                                    Mr. Glenn Barnett, 811 Sherwood Circle, spoke concerning the present economy, issues affecting Clayton County and encouraged the Council to take more time taking care of City business with unity and leadership.

 

                                    Don Kitchens, 4440 Burks Road, stated he is very much opposed the request for a Conditional Use Permit because the facility is suppose to be a 24 hour facility and there will be emergency vehicles in and out day and night and traffic will increase.   

 

                                    Darnell Moorer, 4709 Ruby Lane, asked the City consider paving his street because tree roots have torn the street up.  He also mentioned for the first time in Forest Park history, the second in command,  Mayor Pro-tem Sparkle Adams, is an African-American representing  Ward 1.

 

                                    Dr. Leon Beeler, representing Forest Park Ministers Association, invited everyone to “Creation Clean Up Day” on March 29th from 9:00 a.m. to noon, beginning on Springdale Road.

 

                                    Ms. Ramona Wallace, 4425 Burks Road, was present to speak concerning the request for a Conditional Use Permit for a personal care home.   She stated in December she got her license, but when the Fire Marshall came out in December, she only had to put up a fire hydrant.  She called them back on December 3rd, the State Department of Human Resources told her she was allowed to have one resident as a Host Home.  She got her resident and the Fire Department came back out and cited her, she received a ticket that was $658 and was told to cease her business.  She stated she lost over $10,500 because she had to relocate her client.  She stated she went to Zoning and did everything she was supposed to do and she didn’t have the understanding she couldn’t start when the State said she was allowed to have one client.  

 

                                    Mrs. Cook was present to represent Anthony Sharp, a disabled citizen of the State of Georgia and City of Forest Park. She contracted with Amber Personal Care Home because it was an appropriate placement for him.  Mr. Sharp is twenty seven years of age, has autism, mental disabilities and is no harm to the community.  She stated she had to displace him and find a new home for him because the contract was severed due to a citation which was very hard for him.  She is asking the Council to reconsider; there was no violation, only a misunderstanding of when you can start working and when you can’t start working.  She stated according to the Federal Government under the Department of Human Resources, he was allowed to be in that home.  She felt his rights have been violated and she is here to state she is very displeased with it.  She stated the MRWP Program under the Mental Health Disability Act provides him the right as a citizen of the State of Georgia.  She asked the Council to reconsider. She stated this is also a violation of Ms. Wallace’s right to thrive.  The Federal Government pays her to take care of him, she had to relocate him and someone else has to care for him now and she would like for him to return home.

 

                                    Forrest Webb was present to speak concerning the economic impact of the Clayton County Board of Education on Forest Park.  He previously encouraged the Council to establish a relationship with the Board of Education.  He strongly encouraged the Council to draft legislation supporting the Governors legislation that is currently pending that will allow for a Board of Education member to be removed if he/she has an ethical conflict.  In addition, he asked Council to support pending legislation that will strengthen the Ethical Code for the Clayton County Board of Education.      

 

Public Hearing:       Ms. Adams made a motion to recess for a public hearing, seconded by Ms. Lord.  Voting for the motion was unanimous.

 

                                    Mayor Deyton opened the Public Hearing to receive comments on the request for a proposed Conditional Use Permit to operate a Personal Care Home in a residential home filed by Ramona Wallace and Dan Griffen.

 

                                    Mayor Deyton asked if there was anyone present to speak.

 

                                    Mrs. Cook, on behalf of Mr. Sharp and all of the disabled people of Georgia, stated they have a right mandated through the Federal Government under the MHWP (Mental Health Waiver Program) where the Federal Government pays for them to live in the community, not an institution.  She asked that the citizens reconsider.

 

                                    Ms. Mary Kitchens, 4440 Burks Road, spoke against the request.  She stated the houses are very small and they could have up to four people and they live on a dead end street.  She doesn’t want a business there and is against the request.

 

                                    Ms. Kimberly James, 724 Catherine Street, asked Council to accept this petition because we should not throw away those people that are disabled and this is not a business that allows traffic to come in and out, this is a place where someone can live in a community and asked Council to reconsider.  She stated as far as four people living in the home, she has seen a lot of neighborhoods with eight or nine cars in a home.

 

                                    Leroy asked if there has been an economic feasibility study on this project to see how much revenue it would bring to the City. He asked if there were any residents signing a petition in opposition to this project because it is his understanding there is petition with multiple residents that support this project.

 

                                    Ms. Adams made a motion to close the public hearing, seconded by Ms. Lord.  Voting for the motion was unanimous.

 

New Retail                Request was made to consider a new retail alcohol license

Alcohol license:        for beer and wine from Sean Kwik Way, Inc. D/B/A Shell Food Mart, 4806 Shell Food Mart.            

           

Ms. Youmans made a motion to approve the license for a new retail alcohol license from Sean Kwik Way, D/B/A Shell Food Mart, seconded by Ms. Lord.  Voting for the motion were Ms. Lord, Ms. Youmans, Ms. Adams and Mr. Judson.  Voting against the motion was Ms. McCord.  The motion carried.

 

Renewal                    Request was made to consider renewal of an on-premises

license for                  consumption alcohol license for beer only from Metrostar

Beer only –               Enterprise, Inc. El Latino Billares & Restaurant, 4420 Jonesboro Road, exceptions noted.

 

                                    Ms. Youmans made a motion to deny the request for an Alcohol License, seconded by Ms. Adams.  Voting for the motion was unanimous.

 

Conditional Use-     Request was made to consider a request for a Conditional

Permit-                      Use Permit to operate a Personal Care Home filed by Ramona Wallace, 4425 Burks Road. 

 

                                    Ms. Adams made a motion to deny the request for a Conditional Use Permit, seconded by Mr. Judson.  Voting for the motion was unanimous.

 

Ordinance                 Request was made to consider an Ordinance by the City

Asset Forfeiture      Council for the City of Forest Park, Georgia to authorize

Funds:                       the use of asset forfeiture funds in the amount of $28,453.00 to be added to the budget for purchase of equipment for the Police Department; and to appropriate additional funds in the amount of $80,000.00 to purchase equipment for the Police Department; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date; and for other purposes.  

 

                                    Ms. Adams made a motion to approve the Ordinance with the recommended amendments, seconded by Ms. McCord.  Voting for the motion was unanimous.

 

Ordinance –fees:      Request was made to consider an Ordinance by the City Council for the City of Forest Park, Georgia, to amend the Code of Ordinances of the City, so as to provide that the amount of certain fees, taxes, Assessments and penalties contained in said Code shall be established by the City Council from time to time in a single Ordinance; to provide for severability; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date; and for other purposes.

 

                                    Mr. Judson made a motion to approve the Ordinance, seconded by Ms. Adams.  Voting for the motion was unanimous.

 

 

 

Ordinance -               Request was made to consider an Ordinance by the City

Fee Schedule:           Council for the City of Forest Park, Georgia, to amend Title 3 of the Code of Ordinances of the City, so as to provide for the establishment by the Governing Body of rates for fees, taxes, assessments and penalties; to provide for severability; to repeal all Ordinances an parts of Ordinances in conflict herewith; to provide an effective date; and for other purposes.

 

                                    Ms. Lord made a motion to approve the Ordinance, seconded by Ms. Adams.  Voting for the motion was unanimous.

 

Line Item-                 Request was made to consider a Line Item Transfer from

Transfer:                   Department of Support Services - $1,500 from Line Item 100-25-1540-53-1604 (Office Improvements) to Line Item 100-25-1540-52-2202 (Computer Equipment Maintenance) to cover cost of setting up new computers at Support Services.

 

                                    Ms. Adams made a motion to approve the Line Item transfer, seconded by Ms. Youmans.  Voting for the motion was unanimous.

 

Line Item                  Request was made to consider a Line Item Transfer from

Transfer:                   Department of Fire/EMS in the amount of $2,500.00 from Line Item 100-60-3610-52-2203 (EMS Equipment Maintenance) to Line Item 100-60-3610-53-1703 (First Aid/Medical Supplies) to cover needed consumable EMS supplies.

 

                                    Ms. Youmans made a motion to approve the Line Item transfer, seconded by Ms. Lord.  Voting for the motion was unanimous.

 

Resolution -              Request was made to consider a Resolution by the City

License                      Council of the City of Forest Park Authorizing the Mayor

Agreement -             execute a License Agreement with Forest Park Braves for

Forest Park              the use of Lockhart Field from March 18, 2008 to August

Braves:                      31, 2008 to conduct Semi-Pro Baseball Games; to provide for severability; to provide an effective date; and for other purposes.

 

                                    Ms. Adams made a motion to approve the Resolution, seconded by Ms. McCord.  Voting for the motion was unanimous.

 

Resolution-               Request was made to consider a  Resolution by the City

License                      Council of the City of Forest Park authorizing the Mayor

Agreement-              execute a License Agreement with Forest Park Youth

Forest Park Youth  Football for the use of Kiwanis Stadium, Lopez Field,

Football:                    Burke Field, Stanford Field and Baker Field from May 1, 2008 to December 31, 2008 to conduct Football and Cheerleading practices and games in their Georgia Youth Football program; to provide for severability; to provide an effective date; and for other purposes.

 

                                    Ms. Adams made a motion to approve the Resolution, seconded by Ms. McCord. Voting for the motion was unanimous.

 

Resolution-               Request was made to consider a Resolution by the City

Clayton County       Council for the City of Forest Park, Georgia, authorizing

Archway Project:     the Mayor to execute the Memorandum of Understanding for the Clayton County Archway Partnership Project; to provide an effective date; and for other purposes.   

 

                                    Ms. Youmans made a motion to amend the Resolution by moving the next to the last Whereas, to Section 1A, and to approve, seconded by Ms. Adams.  Voting for the motion was unanimous.

 

Adjournment:          There being no further business, Ms. Lord made a motion to adjourn, seconded by Ms. Adams. Voting for the motion was unanimous.

 

                                    The meeting adjourned at 8:00 p.m.